AD 2009-13-04

[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Rules and Regulations]
[Pages 29116-29118]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-14083]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0261 Directorate Identifier 2009-CE-017-AD; 
Amendment 39-15943; AD 2009-13-04]
RIN 2120-AA64


Airworthiness Directives; Dornier Luftfahrt GmbH Models Dornier 
228-100, Dornier 228-101, Dornier 228-200, Dornier 228-201, Dornier 
228-202, and Dornier 228-212 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Excessive wear on a guide pin of a power lever has been detected 
during inspections. The total loss of the pin could cause loss of 
the flight idle stop and lead to inadvertent activation of the beta 
mode in flight. The inadvertent activation of beta mode in flight 
can result in loss of control of the airplane.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective July 24, 2009.
    On July 24, 2009, the Director of the Federal Register approved the 
incorporation by reference of certain publications listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4130; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a supplemental notice of proposed rulemaking (NPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products. That NPRM was published in the Federal Register on April 23, 
2009 (74 FR 18477). That NPRM proposed to correct an unsafe condition 
for the specified products. The MCAI states:

    Excessive wear on a guide pin of a power lever has been detected 
during inspections. The total loss of the pin could cause loss of 
the flight idle stop and lead to inadvertent activation of the beta 
mode in flight. The inadvertent activation of beta mode in flight 
can result in loss of control of the airplane.
    For the reasons described above, this new EASA Airworthiness 
Directive (AD) introduces a repetitive detailed inspection of the 
guide pins of the power and condition levers and requires the 
replacement of the pins that exceed the allowable wear-limits.


[[Page 29117]]



Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect 17 products of U.S. registry. We also estimate that it will take 
about 20 work-hours per product to comply with the basic requirements 
of this AD. The average labor rate is $80 per work-hour. Required parts 
will cost about $10 per product.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $27,370 or $1,610 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD Docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:


    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-13-04 Dornier Luftfahrt GmbH: Amendment 39-15943; Docket No. 
FAA-2009-0261; Directorate Identifier 2009-CE-017-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 24, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models Dornier 228-100, Dornier 228-101, 
Dornier 228-200, Dornier 228-201, Dornier 228-202, and Dornier 228-
212 airplanes, all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 76: Engine 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Excessive wear on a guide pin of a power lever has been detected 
during inspections. The total loss of the pin could cause loss of 
the flight idle stop and lead to inadvertent activation of the beta 
mode in flight. The inadvertent activation of beta mode in flight 
can result in loss of control of the airplane.
    For the reasons described above, this new EASA Airworthiness 
Directive (AD) introduces a repetitive detailed inspection of the 
guide pins of the power and condition levers and requires the 
replacement of the pins that exceed the allowable wear-limits.

Actions and Compliance

    (f) Do the following actions per the instructions in RUAG 
Aerospace Defence Technology Dornier 228 Alert Service Bulletin ASB-
228-279, dated December 19, 2008:
    (1) Initial Inspection: Unless already done within the last 
1,200 hours time-in-service (TIS) as of July 24, 2009 (the effective 
date of this AD), inspect upon accumulating 9,600 hours on the guide 
pins of the power and condition levers or within the next 100 hours 
TIS after July 24, 2009 (the effective date of this AD), whichever 
occurs later.
    (2) Repetitive Inspections: Inspect within 1,200 hours since the 
last inspection required by paragraph (f)(1) of this AD and 
thereafter at intervals not to exceed 1,200 hours TIS.
    (3) Replacement: Replace the guide pins as follows:
    (i) Before further flight, after any inspection required in 
paragraphs (f)(1) or (f)(2) of this AD, where any guide pin exceeds 
the acceptable wear-limits as defined in the service bulletin; and
    (ii) Prior to any required inspection, you may install new power 
and condition levers guide pins instead of doing the inspections 
required in this AD. You must then inspect or install new pins upon 
accumulating 9,600 hours TIS and follow the repetitive inspection 
intervals of this AD if replacement is not made.

    Note 1:  If the hours TIS of the throttle box assembly is 
unknown, you may use the hours TIS of the airplane to determine the 
compliance time for the inspection.


[[Page 29118]]



FAA AD Differences



    Note 2:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Greg Davison, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4130; fax: (816) 329-4090. Before using 
any approved AMOC on any airplane to which the AMOC applies, notify 
your appropriate principal inspector (PI) in the FAA Flight 
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et.seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI EASA AD No.: 2009-0031, dated February 18, 
2009; and RUAG Aerospace Defence Technology Dornier 228 Alert 
Service Bulletin ASB-228-279, dated December 19, 2008, for related 
information.

Material Incorporated by Reference

    (i) You must use RUAG Aerospace Defence Technology Dornier 228 
Alert Service Bulletin ASB-228-279, dated December 19, 2008, to do 
the actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact RUAG 
Aerospace Services GmbH, Dornier 228 Customer Support, P.O. Box 
1253, 82231 Wessling, Federal Republic of Germany, telephone: +49 
(0) 8153-30-2280; fax: +49 (0) 8153-30-3030; E-mail: 
<a href="/cdn-cgi/l/email-protection#bad9cfc9cec9cfcacad5c8ce94ded5c8d4dfc8888882fac8cfdbdd94d9d5d7"><span class="__cf_email__" data-cfemail="a6c5d3d5d2d5d3d6d6c9d4d288c2c9d4c8c3d494949ee6d4d3c7c188c5c9cb">[email&#160;protected]</span></a>; Internet: <a href="http://www.ruag.com/">http://www.ruag.com/</a>.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Kansas City, Missouri, on June 10, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-14083 Filed 6-18-09; 8:45 am]
BILLING CODE 4910-13-P